Choi v. Rescomm Holdings No. 2
Plaintiff Jang Kye Choi sued defendants Rescomm Holdings No. 2, LLC ("Rescomm"), UM Capital, LLC, and United Mortgage and Loan Corp. (together, Defendants) because Rescomm demanded payment, and ultimately sued him, to collect on a defaulted promissory note which he maintained was void due to the lapse of the statute of limitations. Defendants filed an anti-SLAPP motion, contending that their threat, and commencement, of litigation to recover the debt was protected activity pursuant to Code of Civil Procedure section 425.16. The trial court agreed that Choi's complaint arose out of protected activity, but concluded that Choi had met his burden of establishing a probability of prevailing on the merits. It therefore denied the motion. Defendants appeal that ruling.
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